Trade Mark protection in Iraq and Kurdistan: Update on the Nice Classification

news article

3 Dec

In Iraq and the Kurdistan region, effective trade mark registration is increasingly critical as the economy grows and foreign investment rises. An important development in this field will be the adoption of the 11th edition of the Nice Classification in both regions from January 2025, superseding the 7th edition and possibly signalling the departure of the sub-class system. However, sub-classes are explicitly stipulated in the 1957 Law, so an amendment to this legislation would still be necessary to remove this requirement.

The announcement of this development provides a timely opportunity to explore the trade mark protection framework in Iraq and Kurdistan, providing insights into the complexities of registration in both jurisdictions.

While the Kurdistan region operates under the broader legal framework of Iraq and its Trademark Law No. 21 of 1957, it has its own trade mark registration procedures established by the Kurdistan Regional Government (KRG). The KRG established its owned Trade Mark Office in the de facto capital city Erbil in 2011, reinforcing the broad autonomy granted under the Iraqi constitution. However, the legal basis for a separate trade mark registry in Kurdistan is somewhat tenuous, as it exists without explicit legislative backing from the federal law applicable in Iraq.

Despite the positive changes with the Nice Classification, several challenges to trade mark protection persist:

1. Various stages of the application process are slow and inefficient, including the difficulty in paying registration fees until requested to do so by the Registry.

2. A compulsory pre-filing search is required in Iraq, which essentially means examination of the trade mark before filing.

3. There are strict requirements for the legalisation of documents, both locally and at foreign embassies.

There are two routes to registration across both regions: file in Iraq and then validate the registration in Kurdistan, or file in each region separately. The optimal route will depend on whether cost or speed is the more important factor to the applicant.

In practical terms, therefore, Iraq consists of two separate trade mark jurisdictions: Baghdad and Kurdistan. To ensure comprehensive trade mark protection and enforcement across the country, applicants must cover each jurisdiction, as filing in one does not provide protection in the other.

As an aside, Kurdistan has no patent practice and so this guidance only applies to trade marks.

For any further information or assistance, please do not hesitate to contact us.

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Author: Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department. He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures.

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Richard Stilwell

Richard graduated from the University of Leeds in 2012 with a Master’s degree (with Distinction) in Medicinal Chemistry, which included a placement year with a major U.K. pharmaceutical company. He joined Lysaght in 2015 and has worked in the IP industry for over ten years.

In 2016 Richard was awarded the Postgraduate Certificate in Intellectual Property (with Distinction) from Bournemouth University, and he became a Chartered Trade Mark Attorney in 2018.

He adds a considerable skill set to the company, where he is responsible for a wide-ranging portfolio, particularly for patent cases in the Caribbean and Middle East. In his dual role, Richard also handles prosecution and contentious matters within the trade mark department in several complex jurisdictions.